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Attorney: Are Rays Hiding Something?

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: September 13, 2007

TAMPA - In July, the divorce lawyer for the wife of Elijah Dukes accused the beleaguered outfielder of using steroids.

Now, she is accusing the Devil Rays of trying to hide it.

NiShea Dukes' attorney, Catherine Real, said she has no direct evidence that Elijah Dukes is taking steroids, but dramatic changes in his physique and personality make his wife suspicious. In July, a judge gave Dukes 10 days to hand over a report from a recent drug evaluation. Real said the Devil Rays have the report and she has not seen it.

Court records show that Real has asked the Devil Rays to produce Dukes' medical records, but the team has argued that the release of those records would violate medical privacy laws.

After a Wednesday morning hearing, Real said she suspects the drug evaluation report includes information about Elijah Dukes and steroids.

'If that were not so,' she asked, 'why are they reluctant to release his file?'

Contacted by The Tampa Tribune, Rick Vaughn, the team's vice president of communications, blamed the holdup on the law.

'The Rays are not a party to these matters, and the law prohibits the release of any employee's medical records or other information without employee permission,' Vaughn said.

Morris 'Sandy' Weinberg, a prominent civil lawyer not affiliated with the case, said Real might be jumping to conclusions. Any time a company is asked to produce medical records, the company's officers would wait for a court order, he said.

Judge J. Kevin Carey set a hearing for Monday afternoon, when attorneys for the Devil Rays are expected to explain why they will not turn over Dukes' file.

Major League Baseball tests players for steroids each spring. Dukes' test did not come up positive.

After recent troubles, including an arrest for possession of marijuana and paternity suits, the Rays optioned Dukes to their minor-league affiliate in Durham, N.C., and placed him on the temporary inactive list. He is still collecting a $380,000 salary.

In August, Dukes received a $150,000 bonus. Based on the bonus, the judge on Wednesday increased Dukes' child support payment from $2,800 per month to about $3,500.

Reporter Carter Gaddis contributed to this report. Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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